BONE HEALTH TECHNOLOGIES, INC.
TERMS OF USE
THESE TERMS OF USE (THE “TERMS”) WERE LAST UPDATED ON DECEMBER 31, 2024
Bone Health Technologies, Inc. (“BHT”, “we”, or “us”) operates this and other websites (each a “Website”) and owns and makes available certain mobile applications for use with BHT’s products (each a “Mobile App”). We need rules to keep our platform and services safe for you, us, and all other users of our Websites and/or Mobile Apps and in order for you to understand how your use of BHT’s Services will be governed. You agree that these Terms, including all other policies and agreements incorporated herein, apply to all of your activities on our Websites and your use, downloading, and access of our Mobile Apps, and any other related services we provide (collectively referred to through these Terms as the “Services”). If you do not wish to be bound by these Terms do not use or access any of the Services in any manner or for any purpose.
BHT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE. A CURRENT VERSION OF THESE TERMS WILL ALWAYS BE AVAILABLE VIA OUR WEBSITES’ HOMEPAGES. YOUR CONTINUED USE OF ANY WEBSITE OR MOBILE APP AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE OR ACCESS ANY WEBSITE OR MOBILE APP. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THESE TERMS. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE SPECIFIC TERMS OF THIS AGREEMENT, PLEASE DIRECT THEM TO LEGAL@OSTEOBOOST.COM.
1. Wellen Membership Terms. Use and membership terms of Osteoboost services “Wellen” or “Wellen by Osteoboost” are found here and are incorporated by reference.
2. Proprietary Rights in Content. All content displayed or offered on any Website or Mobile App, such as site/mobile application design, graphics, product descriptions, surveys, product previews, product usage information, training materials, and BHT products (the “Content”), is the proprietary property of BHT, or its partners, advertiser, or licensors. All rights in the Content are reserved. Content may not be modified, copied, distributed, reproduced, republished, displayed, posted, or resold in any form or by any means, in whole or in part, without BHT’s prior written permission. All trademarks, logos, trade dress, and service marks on the Site are either trademarks of BHT or its advertisers, partners, or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BHT.
3. No Medical Advice. BHT’s Services are not meant to provide specific medical advice, recommendations or care in any manner. Any BHT product and/or Mobile App should only be used under medical supervision. In fact, BHT and its employees and agents are not practicing medicine of any kind. Rather, the Services are solely limited to providing users content about healthcare related topics. As such, all content, including auto-response messages, images, videos, feedback, information (including information gathered by a Mobile App when synced to a BHT product), and other material of any kind made available through the Websites or Mobile Apps, whether by BHT or any other third-parties (collectively, the “Service Content”) are for informational purposes only. Service Content is not intended to be a substitute for professional medical advice, treatment, therapeutic recommendations, or diagnosis. If you think you may have a medical emergency of any kind, call your doctor or dial 911 immediately. Do not rely on any Service Content as a substitute of any kind from medical advice provided by your physician, physical therapist, or other qualified health provider. In fact, always seek the advice of your doctor or other qualified health care provider concerning your medical condition(s), including whether and how to use any BHT Product or Service. If you choose to rely on any Service Content, you do so solely at your own risk.
4. Your Rights to Use Websites and Mobile Apps.
a. Subject to your compliance with these Terms, BHT grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to access and use our Websites and Mobile Apps, solely for your personal and non-commercial use. Your rights to use and access our Websites and Mobile Apps will be limited to those expressly granted in this Section 3. BHT and its licensors reserve all rights and licenses in and to our Websites and Mobile Apps not expressly granted to you under these Terms. For clarification, BHT Mobile Apps are licensed, not sold, under the following terms and conditions, which are agreed to by you.
b. If any use of a Mobile App or other Service requires a subscription, your license to use any such Mobile App or other Service is subject to you having an active subscription and your compliance with applicable subscription terms and conditions. BHT reserves the right to modify its Services (inclusive of any Mobile App) or to discontinue offering any of its Services (inclusive of its Mobile App(s)) all together at any time for any reason. BHT also reserves the right to discontinue offering or replace any Service Content or other BHT Materials for any reason.
c. In order to download, access and use a Mobile App, you will need to register and create an account (“Account”), and, via registration, you will be required to identify yourself by providing information required through the registration process, typically providing a valid email address and phone number capable of receiving SMS text messages. You will be required to select a password or provide authentication through a supported 3rd party provider (e.g. Apple). You agree to provide accurate, current, and complete information about the Account. BHT reserves the right to suspend or terminate your Account, if any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading.
d. All Service Content is protected by the copyright laws in the United States and in foreign countries. While you are permitted to use and access Service Content through your use of the Services, all other copying, use, and distribution of any Service Content is expressly prohibited.
e. No Service Content or other information of any sort accessed or made available through use or access to the Services may be used, copied, or transmitted in any manner for non-personal or commercial purposes.
f. You shall not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of any Mobile App, and you may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory law or as expressly authorized under this Agreement. You are prohibited from selling, renting, leasing, or distributing any Mobile App to any other person or third party. You shall not, or attempt to, circumvent any security measure or feature designed to prevent unauthorized access to features or use of any Mobile App with unauthorized products or services. You acknowledge that the Services (inclusive of each Mobile App) should be used only for general information purposes, and you should not rely on the Services (inclusive of each Mobile App) for any life or death situation. You agree to use reasonable efforts to protect each Mobile App downloaded or otherwise used by you from unauthorized use, reproduction, distribution, or publication.
g. You may only use our Websites and Mobile Apps if you are at least 18 years of age and, therefore, you represent that you are at least 18 years old.
5. Account Provisions.
a. You have complete responsibility for your Account and everything that happens on your Account, including for any harm or damage cause by someone using your Account without your permissions. You are solely responsible for maintaining the confidentiality of your password(s) and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.
b. Your Account is personal to you and may not be transferred or assigned to any other person or entity. In the event of your death, your Account will be closed and terminated.
c. If you get locked out of your account for any reason, we may request information from you, as we deem necessary, to confirm that you are indeed the owner of your Account prior to unlocking your Account or allowing you to reset your password.
d. Note that use of the Services is meant for individuals at least 18 years of age. As such, if you are under 18 years of age, you may not set up an Account. If we discover that you have created an Account and you are younger than the required age for consent to use online services (e.g., 13 years of age in the United States), we will terminate your Account.
e. By providing your phone number capable of receiving text messages (your “Text Enabled Number”), you agree to receive recurring automated advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or other content from BHT and any such messages shall not be considered to be unsolicited in any manner. These messages include text messages that may be sent using an automatic telephone dialing system, to your Text Enabled Number. You give the BHT permission to send text messages to your Text Enable Number through your wireless phone carrier, unless and until you end permission by delivering written notice of your withdrawal of consent to BHT by emailing us at support@osteoboost.com or responding to our text with “Unsubscribe”. Consent to receive automated marketing text messages is not a condition of any purchase of Services. Message & data rates may apply.
6. Your Content; Ownership and License Granted.
a. BHT may enable you to post, upload, store, share, or send data, text, images, and/or video, through use of our Websites and/or Mobile Apps, including, without limitation answering surveys, collecting and storing data gathered from your uses of a BHT product, and providing BHT contact information (generally, “Your Content”). Your Content may consist of Your Personal and Health Information and Your Public Content. For purposes of these terms, “Your Personal and Health Information” includes all information meeting the definition of PII pursuant to our Privacy Policy, including all information about your health history you upload, store, share or send to us such as medical diagnoses received by your health care professionals, information you directly submit to us via surveys or otherwise, data from wearable devices (e.g., BHT’s Osteoboost vibration belt), and drugs prescribed to you for your personal use, which, in each case, identifies you, personally. “Your Public Content” is all information you post, upload, store, share, or send via use of our Websites and Mobile Apps that otherwise does not meet the definition of Your Personal and Health Information.
b. All of Your Content remains yours and BHT does not claim any ownership rights in any of Your Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content. You represent and warrant that you or your licensors own all right, title and interest in and to Your Content and that you have all rights in Your Content necessary and sufficient to transmit to, upload to, transfer to, process on, store in, or cause to interface with, your Account or the Services, and to grant the rights contemplated by these Terms to us. You are solely responsible for all of Your Content, including but not limited to the development, transmission, operation, maintenance, storage, claims, and use of Your Content.
c. By accessing and/or using our Websites and Mobile Apps, you hereby grant BHT a limited, non-exclusive, royalty-free, perpetual (except as stated in sub-part (d) below) license to access, collect use, re-use, share, modify, store, monitor, copy, process, analyze, transmit, use and display Your Content (i) to enable Mobile App(s) downloaded by you to work in the manner for which they are intended (including, without limitation, providing information via the Mobile App(s) to you), (ii) to assist us in (1) improving our Services and product offerings (collectively, our “Offerings”) or (2) developing new Offerings, (iii) to monitor compliance with these Terms by you, or (iv) for any other legitimate business purpose (the “Rights Granted”). You are not required to provide any of Your Content to us but acknowledge, by way of example only, that if you use our Mobile Apps as they are intended, you will be providing Your Content to us. If you choose to provide any of Your Content to us, you agree these Terms shall apply and, moreover, all of Your Content meeting the definition of Your Personal and Health Information shall be governed by our Privacy Policy.
7. Ownership. BHT and its licensors reserve sole and exclusive ownership of the Websites, all Mobile Apps, and all copyrights, patents, trademarks, and other intellectual property rights therein other than Your Content or content that would meet the definition of Your Content of other users of the Services (the “BHT Materials”). You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or through use of the Services. If you provides BHT with any suggestions, comments, or other feedback regarding any Offering or potential Offering (“Feedback”), you acknowledge that such Feedback will become the exclusive property of BHT, and BHT may use (or not use) any such Feedback in any manner and for any purpose, without compensation to you and without implying or creating any interest on your part in any of BHT’s products or services that may be based on such Feedback. You hereby irrevocably assign and agrees to assign to BHT all right, title, and interest in any Feedback you provide. All BHT Materials are protected under copyright laws and international copyright treaties. The structure, organization and code of BHT’s Mobile Apps are valuable trade secrets of BHT and/or its third-party providers.
8. Privacy Policy. BHT’s Privacy Policy is incorporated herein for all purposes and each Party agrees to the provisions contained therein. If any portion of these Terms conflicts with any portion of the Privacy Policy, the Privacy Policy shall govern for all purposes.
9. Indemnity. You agree to indemnify and hold BHT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, or damages, including reasonable attorneys’ fees, resulting from a third-party claim arising out of your use of our Websites or Mobile Apps in violation of these Terms or your violation of any law or the rights of a third party.
10. Warranty Disclaimer. TO THE EXTENT PERMITTED BY LAW, THE WEBSITES AND MOBILE APPS, AND ALL CONTENT RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND BHT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, BHT SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY SERVICE (INCLUSIVE OF ANY MOBILE APP) OR PRODUCT OFFERED BY BHT WILL MEET ANY PARTICULAR REQUIREMENTS; (ii) THAT SERVICES (INCLUSIVE OF ANY MOBILE APP) OR PRODUCTS OFFERED BY BHT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) RELATING TO THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF YOUR USE OF THE BHT SERVICES, INCLUSIVE OF ITS WEBSITES AND/OR MOBILE APPS, OR ANY COMMUNICATIONS, DATA, INFORMATION, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE FOREGOING. THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT BHT CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Your use of the Services (inclusive of the Website and/or Mobile Apps) is at your own risk. You should verify the accuracy, safety, lawfulness and/or relevance of any information made available through the Services (inclusive of the Website and/or Mobile Apps) prior to relying on any such information for any purpose.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT BHT CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
11. Limitation of Liability.
a. Consequential Damages. IN NO EVENT SHALL BHT BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT, COVER, OR SUBSTITUTION GOODS OR SERVICES; LOSS OF USE, DATA, EQUIPMENT, PRODUCTS, BUSINESS OPPORTUNITIES, OR PROFITS; INTERRUPTION OF BUSINESS; TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO; OR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, REPUTATIONAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF BHT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN — SUCH COSTS, LOSSES, OR DAMAGES.
b. Direct Damages Cap. EXCEPT AS SET FORTH BELOW, BHT’S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED, IN ANY EVENT, THE GREATER OF (I) $50.00 OR (II) THE AMOUNTS PAID BY YOU TO BHT FOR OFFERINGS PURCHASED BY YOU VIA A WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY.
c. Scope and Exceptions. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ENTITLED (LIMITATION OF LIABILITY):
i. SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW; AND
ii. REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES; AND IV. SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL APPLY IN ANY AND ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION IN THE EVENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY PROVIDED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
12. Governing Law. These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the State of California except for that portion relating to conflicts of laws. If you are located outside the United States, you disclaim the United Nations Convention on Contracts for the International Sale of Goods. The Federal and State courts in San Mateo County and Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. You expressly consent to the personal jurisdiction of, and venue in, such courts.
13. Right to Modify Terms. BHT reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. A current version of these Terms will always be available via our Websites’ homepages. Your continued use of our Website(s) and/or Mobile App(s) after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access our Websites or Mobile Apps. It is your responsibility to regularly review these Terms. Should you have any questions regarding the specific terms contained in these Terms, please direct them to legal@osteoboost.com.
14. General
a. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
b. Limitation on Legal Actions. No action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
c. Relationship. You and BHT agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
d. Waiver. The failure by either you or BHT to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of each applicable party.
e. Mobile App Export Restrictions. You acknowledge that BHT’s Mobile Apps, with the possible exception of certain third-party components, is of U.S. origin. You agree to comply with applicable domestic and international laws that apply to the Mobile Apps, including the U.S. Export Administration Regulations and other limitations issued by U.S. and foreign governments. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
f. Consent to Electronic Communications. You agree to receive all communications from us electronically, either by e-mail or messages or postings on the Websites or via the Mobile Apps. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.
g. Entire Agreement. This Agreement, inclusive of the Privacy Policy which has been incorporated herein, constitutes the complete and exclusive agreement of the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral, with respect to its subject matter.